Afghan national Mohammad Nazeer Paktiawal, aged 41, passed away in Immigration and Customs Enforcement (ICE) custody on March 14 under contentious circumstances. He was detained by immigration agents in Richardson, Texas while dropping off two of his children at preschool. Within 24 hours, Paktiawal was dead due to an ‘adverse drug reaction.’ Officials ruled his death as an accident. This incident mirrors a troubling rise in fatalities within ICE detention facilities.
The current data suggests that ICE may be failing in its duty of care toward detainees. There is growing concern over the lack of transparency from the agency. The head of Homeland Security has downplayed these issues, which raises serious questions about accountability. The United States operates the largest immigration detention system globally. Detainment numbers have surged, reaching over 65,000 individuals, and fatalities have also risen noticeably.
Over 50 detainees have died during President Trump’s second term. This results in an average of one death every six days. This mortality rate far exceeds that of the Biden administration. The due process clause of the Fifth and 14th Amendments entitles detainees to protection from harmful conditions. Supreme Court decisions and the Immigration and Nationality Act underline the necessity for ‘acceptable conditions’ in detention. These legal tenets appear at odds with reports of inhumane conditions and insufficient medical care within detention centers.
The rise in detention deaths involves a significant number of suicides, as determined by an Associated Press investigation.
ICE’s response to increasing mortality rates has been to alter death reporting practices. Previously, deaths occurring up to 30 days post-release were reviewed. Now, only deaths in custody are counted, potentially allowing detainees near death to be released without ICE accountability. Additionally, ICE plans to withhold more details about these deaths. Instead of life-saving reforms, the agency seeks to shield itself from responsibility.
Homeland Security Secretary Markwayne Mullin has displayed indifference towards these deaths. In a Congressional hearing, he argued that detainees have a lower death rate compared to Illinois state prisoners. Only one doctor serves per thousand detainees in ICE facilities. However, a large majority of detainees have no criminal record, unlike inmates in state prisons. Underwood questioned Mullin on DHS’s plans to mitigate these deaths, to which he responded, ‘We’re doing a wonderful job.’
The UN High Commissioner for Human Rights has called for investigations into these deaths. Mexico intends to pursue charges in the U.S. over Mexican national deaths in detention. While Trump emphasized strict immigration control during his campaign, ICE itself claims detention is non-punitive, intended merely for holding individuals before hearings or deportations. With an $85 billion budget, ICE’s inability to provide adequate care is unjustifiable.
Consider Mohammad Nazeer Paktiawal, who fought alongside U.S. Special Forces in Afghanistan, arriving in the U.S. through evacuation efforts in 2021 with a pending asylum claim. Many conservatives pledge allegiance to pro-life principles, stating ‘All Lives Matter.’ These beliefs contradict the current treatment of detainees. Deaths within detention demand similar scrutiny to publicized extrajudicial killings by immigration agents.
Lawmakers must insist on greater transparency from ICE and consider reducing its funding if conditions do not improve. Political candidates should address this crisis urgently. Detention should not equate to a death sentence. Our facilities must adhere strictly to legal standards, accountability, and respect for human life.
Raul A. Reyes is an immigration attorney and television commentator based in New York City.